Thursday, December 10, 2009

Famous Canadian Hate Speech Ruling Reversed

As the Obama administration advances the Gay Agenda, are Canadians reconsidering their pro-homosexual laws?

UPDATE 10/20/12: Alberta appeals court gives ultimate victory to Pastor Boissoin

-- From "'Hate speech' penalties tossed by appeals court" by Bob Unruh © 2009 WorldNetDaily 12/8/09

A Canadian administrative judge's demand for a $5,000 penalty and a written apology from a man who criticized homosexuality in a letter to his local newspaper has been overturned on appeal, but experts on such "hate speech" disputes say the case is not a complete victory for free speech.

The judgment was announced this week by the Alliance Defense Fund in the case of [Christian pastor] Stephen Boissoin and the Concerned Christian Coalition, which had been determined by the Alberta, Canada, Human Rights Commission to have violated a "hate speech" law.

Boissoin wrote the letter to the "Red Deer Advocate" in central Alberta criticizing those who "in any way support[s] the homosexual machine that has been mercilessly gaining ground in our society since the 1960s." [Click here to read the entire letter.]

A University of Calgary professor, Darren Lund, reported Boissoin to the Alberta Human Rights Commission, accusing him of breaking the national human rights law. The commission ruled in Lund's favor, ordering the $5,000 payment and written apology from Boissoin, as well as instructions to Boissoin not to express his beliefs further.

On appeal, Justice E.C. Wilson said the commission didn't acknowledge the actual law, which states, "Nothing in this section shall be deemed to interfere with the free expression of opinion on any subject." Wilson said the commission went too far, basing its decision on assumptions and granting relief to Lund that it did not have the authority to provide.

"The remedies … are without legal foundation or beyond the authority granted," Wilson wrote, citing the commission's orders that Boissoin "cease and desist" his statements, issue the apology and pay Lund.

Bull told WND the reversal is important in that homosexual activists will not be able to cite it as a precedent for damages when someone expresses an opinion opposing homosexuality, but the case is not a complete victory.

"Stephen Boissoin was in litigation for four years," he said. "If anyone is tempted to write a letter to the editor, that right is now chilled.

"Homosexuals got exactly what they wanted. In the marketplace of ideas, one side has now been censored," he said.

"This [situation] is exactly what homosexual activists have in mind," he said.
The appeals court ruling did not strike down the "hate speech" law, but it sets limits for its use. The Alberta ruling means "hate speech" laws cannot be used to silence religious expression or public debate simply because someone takes offense. Such a provision would, in fact, violate the Canadian Charter of Human Rights, the ADF said.

To read the entire article, CLICK HERE.